Gardner v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
-Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) Samuel Gardner, being the husband of plaintiff, was not a competent witness in the case. Bayse v. Railway, 65 Mo.- App. 476; Williams v. Williams, 67 Mo. 661; Wheeler & Wilson v. Tinsley, 75 Mo. 458; Scrutchfield v. Sa-uter, 119 Mo. 625; Coxner v. Loehr, 117 Mo. App. 698; Layson v. Cooper, 174 Mo. 211; Orchard v. Collier, 171 Mo. 390; Bank v. Wright, 104 Mo. App. 242; Flannery v. Railroad, 44 "Mo.
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-Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) Samuel Gardner, being the husband of plaintiff, was not a competent witness in the case. Bayse v. Railway, 65 Mo.- App. 476; Williams v. Williams, 67 Mo. 661; Wheeler & Wilson v. Tinsley, 75 Mo. 458; Scrutchfield v. Sa-uter, 119 Mo. 625; Coxner v. Loehr, 117 Mo. App. 698; Layson v. Cooper, 174 Mo. 211; Orchard v. Collier, 171 Mo. 390; Bank v. Wright, 104 Mo. App. 242; Flannery v. Railroad, 44 "Mo. App. 396; Long v. Martin, 152 Mo. 668; Kuenzel v. Stevens, 155 Mo. 280; Courtney v. Railroad, 92 S. W. 251. (2) The court should…
1Opinion of the CourtGoode, J.
Action for double damages for the loss of seven cattle belonging to plaintiff. There is evidence to show the animals went on the railroad track because of the bad condition of the fencing along the right of way and were struck by a passing train, some of the cattle being killed and others crippled. It'is contended by the company that none of the animals were shown to have been struck by an engine and, at most, only six were injured in that manner; whereas the instructions allowed a verdict for seven. We overrule both those assignments of error and hold there was evidence conducing to show…
2Cases cited3 opinions
- White v. ChaneyMissouri Court of Appeals · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. CourtneySupreme Court of Arkansas · 1906
- Flannery v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1891
3Cited by6 opinions
- Gottschall v. GeigerMissouri Court of Appeals · 1921
- Fishback v. HarrisonMissouri Court of Appeals · 1909
- Jeffords v. DreisbachMissouri Court of Appeals · 1913
- Connecticut Fire Insurance v. Chester, Perryville & Ste. Genevieve RailroadMissouri Court of Appeals · 1913
- The Senaca Co. v. EllisonMissouri Court of Appeals · 1919
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